Former Deputy President Rigathi Gachagua on Wednesday, November 6, instructed his lawyers to withdraw a petition that he lodged at the Court of Appeal over the empanelment of the three bench judges to hear and determine the case challenging his impeachment.
The latest move comes as Gachagua last week promised to offer direction to his Mt Kenya backyard following his speedy impeachment last month. This has left power struggles at the top of the government, with some wondering what Gachagua will do next, and others agitating for a political appointment from Nyeri to replace Deputy President Kithure Kindiki in the Ministry of Interior.
Gachagua’s lawyers, led by Senior Counsel Paul Muite, told Justices Patrick Kiage, Aggrey Muchelule, and George Odunga that his client wished to have the application withdrawn.
He argued that the withdrawal request was because the case had been overtaken by the order of events, following the swearing-in of Deputy President Kithure Kindiki.
“The impugned bench proceeded to vacate the conservatory orders in a ruling which allowed one Prof Kithure Kindiki to be sworn in as Deputy President. Our stay application is thus overtaken by events, very regrettably,” Muite told the judges.
A collage of Gachagua and his lawyers, Ndegwa Njiru, Paul Muite and Elisha Ogola.
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Gachagua had filed an appeal at the court seeking the orders of the bench to declare Justices Eric Ogola, Anthony Mrima, and Freda Mugambi bench unconstitutional arguing that it was constituted by Deputy Chief Justice Philomena Mwilu and not Chief Justice Martha Koome as ought to be.
This comes after the three-bench judge ruled out Gachagua’s petitions challenging his impeachment by the National Assembly and the Senate.
Judges presiding over the case at the Court of Appeal agreed to have the petition withdrawn without any objection.
The presiding judge on the case, Justice Kiage, directed parties to file and serve their submissions before the matter is scheduled for hearing. He further directed that the submissions be done before the court break for the December holidays.
Gachagua’s withdrawal comes at a time when his political lifeline at the Presidency has been dealt a final blow sealed following the swearing-in of Kindiki.
The lawyers, representing the National Assembly led by Tom Ojienda, agreed with the withdrawal request of the case.
However, he indicated that they would be pushing for compensation of the related cost by the appeal since they had spent resources in responding to the appeal at the court.
‘’We want to thank Senior Counsel Muite for considering it fit to withdraw the application, the consequence whereof my lord would be our entitlement to cost which we want to pursue vigorously,’’ Ojienda stated.
‘’We would want to pursue cost because that is deserved, we have had sleepless nights just preparing for this application,’’ he added.
A collage of impeached Deputy Rigathi Gachagua and Interior CS Kithure Kindiki, October 18.
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Courtesy
